Barclaycard Visa ***WON*** Refunded with Compound Int't

[topcat72]

Im hoping someone can help.

 

I currently have a debt with Barclaycard (amongst others but I'm starting with this one first) going back approx 7 years, which I have a repayment plan for.

 

I am unsure which route to take next in dealing with this. Do I send them a CCA request and aim to get the account zeroed, or submit an SAR and use any charges plus interest to wipe out the debt? the account is still with Barclaycard and hasnt been passed to a DCA.

 

i'm not completely new to this as i did manage to claw back almost £1000 from LloydsTSB in charges, but am not sure which route is most advisable, or do i attack it from both angles?

[dx100uk]

nowaday most of the CCA wriggles have been blown out the water

i'd get reclaiming.

 

plenty of threads here and have a look in my sig

SAR first me thinks for all the statements

 

dx

[topcat72]

thanks for that.

 

i used the SAR route against lloyds and took it as far as filing the N1. they settled with three days to go.

 

barclays here i come

[slick132]

Hi TC,

 

You can send off a CCA request but it's certainly not likely to lead to the write-off of the debt.

 

Far better to reclaim all default charges and claim compound interest on top. This could make a decent dent in the debt.

 

Read some of the "WON" threads here for guidance - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

 

[topcat72]

thanks.

 

i did have PPI on the account until i started the repayment program, i suppose it makes sense to include a claim for repayment of that at the time i submit my claim for the charges+interst refund? or would that be best made as a seperate claim?

[slick132]

Hi TC,

 

Start a thread in the PPI forum to d/w this aspect separately.

 

We can help you with reclaiming all default charges and compound interest. Read some of the *WON* threads first, so you see how it's done. If you want to get the max from BC, you'll have to take court action as they'll refuse to refund voluntarily.

 

Ask here when you have Q's.

 

[topcat72]

when you say "take court action", do yo mean they take it all the way to a hearing, or just until the claim has been filed?

[slick132]

HI TC,

 

It has recently been the case that BC have settled all cases where CAGgers have taken court action to reclaim charges and compound interest and/or charges older than 6 years.

 

However, you should not rely on this and must be prepared to take any court case all the way to a Final Hearing.

 

Although one would expect and hope that BC will settle during negotiations, you should not start court action unless you're prepared to follow it through.

 

[topcat72]

im not worried about that, its the same approach lloyds took when i claimed back from them.time to get the SAR issued methinks.....

[topcat72]

SAR sent off today, including a request for details of any PPI. Barclays imma coming for ya!!!!!

Edited November 29, 2011 by topcat72

[topcat72]

and got the statements back. works out to £1500 with the interest.

 

however, they havent provided all i asked for. i asked also for copies of my CCA and all statements, not just 6 years.

 

after an hour on the phone they told me they will send me a copy of the original CCA, and that they dont have statements going back more than 6 years, which may or may not be true. as my original letter asked them to confirm that data not provided has been deleted, i spent an hour trying to get them to put that in writing, which they said they will do.

 

i also complained that at the end of the phone call they have agreed to do what i asked for at the beginning, so they agreed to refund me £20 for the call!!!!

 

from other peoples experience, is it likely that they dont have anything more than 6 years old?

Edited December 22, 2011 by topcat72

[slick132]

Hi TC,

 

They DO have data going back more than 6 years.

 

See the BC Stickies. Kate999, Webmaster and others have got info back beyond 6 years.

 

[topcat72]

thanks slick.

 

looks like an N1 filing gets them to do what i want. dont suppose anyone knows what the fees are for filing a claim of this type where i wouldnt be seeking a financial restitution?

 

not sure if its really worth it though. from what i can remember there werent that many charges, if any, before the period ive already got.

 

and the potential refund from what i have got would more than wipe out the outstanding debt. think ill leave it for now.

 

unless they dont send me the information they promised, then I'll chase it up....

[slick132]

From what you say, I think you should forget getting any older data and work with what you have already.

 

If that's enough to clear the debt and give you some pocket money, that should do just fine.

 

There was another case where someone very recently where they got older data without court action. If I come across it, I'll link you to it.

 

[topcat72]

thanks for the advice.

 

gonna get my Prelim Demand written and sent in the New Year.

[slick132]

Hi TC,

 

This was the thread I was thinking of earlier - http://www.consumeractiongroup.co.uk/forum/showthread.php?328959-Barclay-card-late-fees&p=3634046&viewfull=1#post3634046

 

However, in your case, I think you should go ahead with the claim and forget about getting data for any possible older charges.

 

In response to your Q's in post #13 above, you would, in fact, seek compensation of a nominal sum (say £100) or at the court's discretion for the bank's failure to supply data which they have and should disclose.

 

The court fee to claim this nominal amount is £30 to file the claim and £25 for a Hearing Fee if the bank did not comply and a Hearing was arranged. These amounts would be reclaimed as part of your action.

 

Edited December 22, 2011 by slick132

[topcat72]

thanks for that.

 

got the prelim letter completed and ready to go in new year!

 

quick question, do i quote interest as well as charges total at this stage or wait until LBA or filing papers? and should i include a copy of the spreadsheet with prelim or LBA?

 

i have already been through this with lloyds but it was few years ago and cant remember the intricacies of it all.....

[slick132]

Hi TC,

 

Please see the extra 2 para's I've just added to my post above.

 

[topcat72]

have stewed on it for a while, and have decided to take it further.ive faxed their complaints department, and threatened them with ICO and court action after 14 days.am also going to have to wait a while before i start the charge reclaim process, jsut to make sure i have enough to cover the court fees.

[slick132]

Hi TC,

 

So you're going to try and get the other data from them - let us know how it goes.

 

Re your Q in post #17 above, if you are seeking compound interest in restitution on top of credit card charges, you would claim that from your Prelim letter onwards.

 

If you are seeking simple 8% Statutory Interest, you can only claim this when you file your court claim.

 

[topcat72]

decided to ring to ensure my complaint had been received.

 

i rang the usual number just to make sure the complaint had been received, and the first muppet said he was going to put me on hold. then cut me off.

 

second muppet said they would investigate and ring me back. and guess what? yup no call back.

 

so i plucked a number at random from the internet and rang it. got through to a UK call centre who couldn't help BUT gave me a number of the UK Barclaycard Customer Relations Centre, who were brilliant.

 

they have registered a complaint, and are going to listen to the call recording. whilst not actually getting them to agree to anything, they were helpful, friendly, listened and actually understood not only my problem by all of the stuff the normal muppets didnt have a clue about.

 

and the magic number is 0844 556 0104.

Edited January 17, 2012 by topcat72

[slick132]

I hope it transpires that this phone call is useful.

 

However, experience shows that talking to them rarely gets the result you want. Keep it in writing whenever poss.

 

I hope I'm proved wrong in your case.

 

[topcat72]

the phone call actually had a result!i

 

got a package yesterday that contained a full Data Protection Record showing everything they hold on me on the computer systems

(things like statement dates, records of calls, records of letters), and it all goes back to the date the account opened.

 

there is also a list that shows what information has been deleted and when, and this shows that my stamenents were delete in turn as they move doutside the six years date.

 

there is also a letter that explains what all the abbreviations mean, details of what they do with the data, and a copy of the current T&C,

which im assuming is their attempt at providing my CCA.

 

they also provided copies of every letter they have ever sent me.

might have a proper look at the deletion record, see if there is any mention of the original CCA on it.

 

now just gonna wait until i have my court fees togethor, then gonna grab back what they owe me.

Edited January 28, 2012 by topcat72

[slick132]

Hi TC,

 

We know that BC probably still have the older data. It may not be stored as copy statements but it IS still available to them in one form or another.

 

Do you want to try and get any older data, or are you content to seek a refund of charges and PPI plus interest, based on data for the last 6 years.

 

It may help you to decide if you put all the default charges on this spreadsheet - http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls

 

Change the interest rate to 24.9%.

 

Let us know roughly how the charges refund and interest compares with the balance showed as owing on the a/c.

 

Do you have a separate thread to deal with reclaiming PPI yet.

 

[topcat72]

the total charges with interest works out to be almost three times the outstanding balance with interest added.

 

havent yet started started a PPI thread, will need to read up on it first.